When an off-duty peace officer appears at the trial but does not testify, the court may not assess the costs of the peace officer appearing for the trial.

• A. True
• B. False
• C. Only if the officer is present
• D. Not specified

Answer: (A)

The idea being tested is how costs are handled for witnesses who merely appear versus those who actually testify. When an off-duty peace officer is present at trial but does not testify, there is no testimony to justify taxing the appearance as a cost. Costs for witness attendance are generally recoverable only if the witness testifies, so the court may not tax the officer’s appearance in this situation. If the officer does testify, then the appearance costs can be taxed as the witness’s testimony supports them. In short, non-testifying appearances don’t create taxable costs, while testifying appearances can.